J&B Hopkins v Trant Engineering
Citation: [2020] EWHC 1305 (TCC)
The Claimant obtained enforcement of an adjudication decision. The Defendant resisted enforcement on the basis that the payment cycle had moved on and that it had an ongoing adjudication on the true value of a later payment application; and sought a stay of execution.
The Court rejected the Defendant’s submissions.
The existence of later payment cycles does not mean the prior sum was not due at all.
A party cannot withhold a payment on an adjudication decision of an earlier payment cycle, because of subsequent developments in the payment cycles in respect of notices that have been complied with.
